||All England Reporter
|| All ER (D) 70 (Oct)
George Bartlett QC sitting as a deputy judge of the High Court
||Richard Drabble QC (instructed by Irung & Co) for the claimant.
||Michael Fordham (instructed by the Treasury Solicitor) for the defendant
||7 October 2002
Immigration - Asylum - Appeal - Secretary of State refusing claim for asylum - Claimant appealing - Special adjudicator making direction for Secretary of State to reconsider matter - Whether adjudicator having power to make such a direction - Immigration and Asylum Appeals (Procedure) Rules 2000, r 30.
It was settled law that an adjudicator had no power under the Immigration and Asylum Appeals (Procedure) Rules 2000 to make a direction that the Secretary of State to revise his decision. Rule 30 of the 2000 Rules only permitted procedural directions not ones aimed at correcting a substantive error committed by the Secretary of State.
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